Fight Patent Trolls: Support the VENUE Act of 2016

For years, patent trolls have exploited a rule that lets them file disputes in any court in the U.S. Cases should be litigated in courts that have a meaningful connection to the dispute, not where one party thinks it can get an advantage. The VENUE Act would make the process of determining venue more fair for both sides.

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Today, nearly half of all patent lawsuits are filed in one district, the Eastern District of Texas. It’s not hard to see why: the courts there have extremely plaintiff-friendly practices in patent lawsuits. Eastern District judges have routinely imposed rules seemingly designed to make the process more expensive and frustrating for defendants.

The problem isn’t just the Eastern District, though—giving plaintiffs complete control over the venue for a patent lawsuit can lead to forum selling, where districts adapt their rules and procedures to the inflow of litigants. The problem is not a few unfair courts, but a system that risks rewarding unfairness.

The VENUE Act won’t end patent trolling. But it will take away one of the trolls’ weapons. Let’s pass the VENUE Act and use it as a foundation on which to build more comprehensive patent reform.